Forum Members-
I spoke to Chris the other day in reference to my ordeal with a large auction house. We agreed that I should tell the story an not use names at that point as maybe something could be worked out. I gave the auction house until 4 pm today to come up with some type of resolution, but they have failed to respond back. For this reason, I feel it is necessary to include the name of the auction house and those involved.
I recently placed a winning bid for a group of non-game used jersey with Mastro Auctions. I paid for the bid almost immediately in full. The entire lot was won for about $225.00 plus hammer fee. Much less than I have paid for lots in the past, but non the less, I was the winning bidder.
I did not receive the lot in the mail for about two – three weeks when I received an email from a representative of the firm stating that there was a small issue with the lot. The email stated it would be cleared up within a week.
Less than a week later, I called the representative and asked him to give me an update. He advised the jerseys were not stolen and that it is a “he said – he said” issue on ownership, but that the matter would be cleared up and they stated that the one jersey out of the group that I wanted would be sent to me. The representative stated, I have everything under control.” I stated fine, that I do not even want the other five jerseys in the lot and they can keep those. All I really wanted was the one jersey. They said great that will help expediate the whole process.
Days later I emailed back the firm and asked why I had not received the jersey. The representative had stated it, “is now out of his control” and that he would clear it up next week.
The next week they advised me that the jerseys were indeed stolen. I asked them if a police report was filled out and they advised “no”. I asked if an insurance claim was made and they advised “no”. I asked them what evidence they had and they advised “none”.
Here are the emails from that point forward…Their typos were left as is….
Mark,
The story is that the jerseys went up for auction from our consignor through us. Apparently the owner of Stall and Dean saw them online and contacted us. The jerseys were apparently removed from the factory without the owner's knowledge a few years ago. When he found them online, he contacted us to explain the situation. Apparently the consignor once worked at Stall & Dean, and there we are scepticle about how he came across the group.
We thought that this might be a resolution that pleases all parties, except the consignor. The owner has stated that he wants that particular jersey back, but is willing to produce another one for you. If this doesn't work for you, then we will refund your money and that's that. We do not care to be in the middle of a silly legal battle and it isn't worth it over a $220 lot.
You choose:
Money back
Or Money back and a jersey.
This is not good for any of us, but we are trying to resolve it as best we can.
Please let me know.
Thanks,
Chris Snyder
Chris,
I am trying to be very reasonable here. As a former Chief of Police I always try to resolve situations in a fair and honest manner. I guy calling up and stating he once owned these jerseys does not constitute ownership of said jerseys. I asked you if he filed a police report and you stated "no". What evidence has this guy provided that clearly illustrates he is the owner of the jerseys??
So far here is what we have...
1. Mastro posted this lot on their website and in the catalog.
2. I followed the rules posted on the Mastro website and in the catalog.
3. I paid for the jerseys in full within the required time.
4. I received an email from you stating that there are some issues with the lot and will get back to me in a week.
5. I called you up for further explanation and you stated "it is under control and that it is he said - she said...no a he said - he said" and have it under control. You also stated that you would have it resolved within one week. I even gave you options to expediate the process.
6. Then you email me a couple of days later and state that "it is out of your control"
Now your stating that I cannot have the jersey that I legally bid on and legally won in your auction??? And now you state take your money back or money and a fabricated jersey that is not what I legally bid on and rightfully won.
I absolutely do not approve of your "take it or leave it approach". I do not care if this is a $200.00 auction or a $20K auction. This is not the professional tact a world-class auction house should take.
I have read over the auction rules and it clearly states that Mastro and/or the consigner have custody of the lot until the lot is paid for in full. The lot was paid for in full and I have not been shown any evidence that this fourth party has rightful ownership to the Oakland A's jersey.
I need to see evidence that the jersey does in fact belong to this fourth party.
Please email me this information. I have no problem talking to or emailing this party. I am just trying to rectify this mess and will not put up with a take it or leave it attitude.
I am sure you want nothing more than to handle this is the utmost professional manner.
Sincerely,
Mark Weimerskirch
Mark,
We have confimed this is stolen property through evidence provided by the former owner. The consignor agrees. On that basis we are cancelling the sale.
Regards,
Doug
Doug,
I have been seriously misled by Chris. He advised that this lot was not stolen, he was in total control of the situation, that he would take care of it within a week and I would get the A's jersey. I even offered not to take the other five jerseys in the lot and still pay full price in order to expediate the transaction. Then days later, Chris advised me he is not in control of the situation and now you are telling me that the jerseys are indeed stolen.
I understand people can change their minds and admit to an act after thinking about the ramifications or just that it was an improper act to begin with in the first place. I clearly understand that the jerseys may have been stolen.
Doug, based on my experience in dealing with Chris it is very difficult for me to now believe the jerseys were indeed stolen. I have seen no evidence to indicate they were stolen and I just cannot take your word for it based on my Chris' conduct in this matter.
I will consider this a closed case if:
1. I receive signed letters from the owner of the company and the cosigner attesting to the fact that the jerseys were taken illegally. Both parties should include an address on the letter to verify they are who they state they are.
2. That I am paid in full immediately.
Again, I have been more than professional in dealing with this fiasco. My confidence in your auction house has eroded considerably, but I am sure you will take the correct actions to rectify this incident.
I await your response.
Mark
Doug,
I have not heard back from you. I have discussed this case with my attorneys and they have reviewed my statements, mastro emails and mastro auctions specific rules and clearly believe I have been damaged.
I am only asking for solid proof that the jerseys were indeed stolen. Your avoidance on this issue only bolsters my belief that something is afoul here and I will take the steps I need to remedy and resolve this issue.
I need to hear back from you by this Friday at 4 pm est or I will aggressively pursue action to acquire the jersey that I rightfully won on your auction.
We really do not need to go down this route as it only costs money on both sides and we are talking about a $220.00 auction, but you have left me with little option.
Again, I await your response.
Mark
I am busy with the beginning of the auction. I will respond tomorrow.Doug
Great!!
We will await your response.
Mark
Mark,
I am sorry of Chris seemed a bit evasive. This was a matter of the individual who claimed the material was stolen, provided pictures of the material when it was in his possession but could never provide a police report as it would have been done after the fact.
When Chris finally pushed the consignor he admitted he used to be under the employment of Stahl and Dean and was willing to relinquish all ownership and claims to the material.
I hope this answers your questions.
Sincerely,
Doug Allen
Doug,
This whole episode and the way you and Chris handled it is absurd.
What you describe in your email below (above now) was all completed after the fact that I won the jersey and paid for it in full.
According to your explicit rules:
#13 All sales are final.
#15 Title to any lot remains with the consignor or Mastro Auction and shall not pass to the successful bidder until the lost is actually paid for in full.
The lot was paid for in full. Custody and ownership of the entire lot including the A's jersey now belong to me. You, Chris or Mastro cannot arbitrarily take back ownership of my property and give it to a third party.
There is no evidence that this property was stolen. A 3rd party has photos of the jerseys and the cosigner states he used to work at Stall and Dean does not constitute that the jerseys were indeed stolen. There is no police report and there is no record of them being stolen. Is there a insurance claim based on the theft??
This is absolutely illegal and we have clear grounds for recourse in civil courts.
We are still willing to negotiate, but right now the 3rd party does not have any right to my jerseys.
We await your response by 4 pm this afternoon or we will pursue legal action.
Sincerely,
Mark
End of emails
Forum Members- This is where the story stops. My money has not been returned. Mastro has taken it upon themselves to break their own rules and screw the little guy. All I asked for is evidence that the jerseys were indeed stolen and they refuse to show me any evidence whatsoever. Clearly based on the rules of their auctions, the jerseys should be in my possession, but they chose to break their own rules and become judge, jury and executioner and give them back to a fourth party, when rightfully, according to their posted rules the jerseys belong to me.
I am all about getting things right and if these are indeed "stolen" I have no right to these jerseys whatsoever. They need to go to the proper owner. Mastro's actions clearly illustrates that they are trying to cover up, withold or at the least not be transparent in their auctions process and they have clearly broken their own rules.
All I have asked for is proper evidence to indicate the jerseys were stolen and Mastro believes they do not have to provide any evidence and they can arbitrarily give them to a fourth party when the jerseys legally belong to me.
Both my attorneys and I fully disagree with the actions of Mastro Auctions.
Mark Weimerskirch
Maumee, Ohio
I spoke to Chris the other day in reference to my ordeal with a large auction house. We agreed that I should tell the story an not use names at that point as maybe something could be worked out. I gave the auction house until 4 pm today to come up with some type of resolution, but they have failed to respond back. For this reason, I feel it is necessary to include the name of the auction house and those involved.
I recently placed a winning bid for a group of non-game used jersey with Mastro Auctions. I paid for the bid almost immediately in full. The entire lot was won for about $225.00 plus hammer fee. Much less than I have paid for lots in the past, but non the less, I was the winning bidder.
I did not receive the lot in the mail for about two – three weeks when I received an email from a representative of the firm stating that there was a small issue with the lot. The email stated it would be cleared up within a week.
Less than a week later, I called the representative and asked him to give me an update. He advised the jerseys were not stolen and that it is a “he said – he said” issue on ownership, but that the matter would be cleared up and they stated that the one jersey out of the group that I wanted would be sent to me. The representative stated, I have everything under control.” I stated fine, that I do not even want the other five jerseys in the lot and they can keep those. All I really wanted was the one jersey. They said great that will help expediate the whole process.
Days later I emailed back the firm and asked why I had not received the jersey. The representative had stated it, “is now out of his control” and that he would clear it up next week.
The next week they advised me that the jerseys were indeed stolen. I asked them if a police report was filled out and they advised “no”. I asked if an insurance claim was made and they advised “no”. I asked them what evidence they had and they advised “none”.
Here are the emails from that point forward…Their typos were left as is….
Mark,
The story is that the jerseys went up for auction from our consignor through us. Apparently the owner of Stall and Dean saw them online and contacted us. The jerseys were apparently removed from the factory without the owner's knowledge a few years ago. When he found them online, he contacted us to explain the situation. Apparently the consignor once worked at Stall & Dean, and there we are scepticle about how he came across the group.
We thought that this might be a resolution that pleases all parties, except the consignor. The owner has stated that he wants that particular jersey back, but is willing to produce another one for you. If this doesn't work for you, then we will refund your money and that's that. We do not care to be in the middle of a silly legal battle and it isn't worth it over a $220 lot.
You choose:
Money back
Or Money back and a jersey.
This is not good for any of us, but we are trying to resolve it as best we can.
Please let me know.
Thanks,
Chris Snyder
Chris,
I am trying to be very reasonable here. As a former Chief of Police I always try to resolve situations in a fair and honest manner. I guy calling up and stating he once owned these jerseys does not constitute ownership of said jerseys. I asked you if he filed a police report and you stated "no". What evidence has this guy provided that clearly illustrates he is the owner of the jerseys??
So far here is what we have...
1. Mastro posted this lot on their website and in the catalog.
2. I followed the rules posted on the Mastro website and in the catalog.
3. I paid for the jerseys in full within the required time.
4. I received an email from you stating that there are some issues with the lot and will get back to me in a week.
5. I called you up for further explanation and you stated "it is under control and that it is he said - she said...no a he said - he said" and have it under control. You also stated that you would have it resolved within one week. I even gave you options to expediate the process.
6. Then you email me a couple of days later and state that "it is out of your control"
Now your stating that I cannot have the jersey that I legally bid on and legally won in your auction??? And now you state take your money back or money and a fabricated jersey that is not what I legally bid on and rightfully won.
I absolutely do not approve of your "take it or leave it approach". I do not care if this is a $200.00 auction or a $20K auction. This is not the professional tact a world-class auction house should take.
I have read over the auction rules and it clearly states that Mastro and/or the consigner have custody of the lot until the lot is paid for in full. The lot was paid for in full and I have not been shown any evidence that this fourth party has rightful ownership to the Oakland A's jersey.
I need to see evidence that the jersey does in fact belong to this fourth party.
Please email me this information. I have no problem talking to or emailing this party. I am just trying to rectify this mess and will not put up with a take it or leave it attitude.
I am sure you want nothing more than to handle this is the utmost professional manner.
Sincerely,
Mark Weimerskirch
Mark,
We have confimed this is stolen property through evidence provided by the former owner. The consignor agrees. On that basis we are cancelling the sale.
Regards,
Doug
Doug,
I have been seriously misled by Chris. He advised that this lot was not stolen, he was in total control of the situation, that he would take care of it within a week and I would get the A's jersey. I even offered not to take the other five jerseys in the lot and still pay full price in order to expediate the transaction. Then days later, Chris advised me he is not in control of the situation and now you are telling me that the jerseys are indeed stolen.
I understand people can change their minds and admit to an act after thinking about the ramifications or just that it was an improper act to begin with in the first place. I clearly understand that the jerseys may have been stolen.
Doug, based on my experience in dealing with Chris it is very difficult for me to now believe the jerseys were indeed stolen. I have seen no evidence to indicate they were stolen and I just cannot take your word for it based on my Chris' conduct in this matter.
I will consider this a closed case if:
1. I receive signed letters from the owner of the company and the cosigner attesting to the fact that the jerseys were taken illegally. Both parties should include an address on the letter to verify they are who they state they are.
2. That I am paid in full immediately.
Again, I have been more than professional in dealing with this fiasco. My confidence in your auction house has eroded considerably, but I am sure you will take the correct actions to rectify this incident.
I await your response.
Mark
Doug,
I have not heard back from you. I have discussed this case with my attorneys and they have reviewed my statements, mastro emails and mastro auctions specific rules and clearly believe I have been damaged.
I am only asking for solid proof that the jerseys were indeed stolen. Your avoidance on this issue only bolsters my belief that something is afoul here and I will take the steps I need to remedy and resolve this issue.
I need to hear back from you by this Friday at 4 pm est or I will aggressively pursue action to acquire the jersey that I rightfully won on your auction.
We really do not need to go down this route as it only costs money on both sides and we are talking about a $220.00 auction, but you have left me with little option.
Again, I await your response.
Mark
I am busy with the beginning of the auction. I will respond tomorrow.Doug
Great!!
We will await your response.
Mark
Mark,
I am sorry of Chris seemed a bit evasive. This was a matter of the individual who claimed the material was stolen, provided pictures of the material when it was in his possession but could never provide a police report as it would have been done after the fact.
When Chris finally pushed the consignor he admitted he used to be under the employment of Stahl and Dean and was willing to relinquish all ownership and claims to the material.
I hope this answers your questions.
Sincerely,
Doug Allen
Doug,
This whole episode and the way you and Chris handled it is absurd.
What you describe in your email below (above now) was all completed after the fact that I won the jersey and paid for it in full.
According to your explicit rules:
#13 All sales are final.
#15 Title to any lot remains with the consignor or Mastro Auction and shall not pass to the successful bidder until the lost is actually paid for in full.
The lot was paid for in full. Custody and ownership of the entire lot including the A's jersey now belong to me. You, Chris or Mastro cannot arbitrarily take back ownership of my property and give it to a third party.
There is no evidence that this property was stolen. A 3rd party has photos of the jerseys and the cosigner states he used to work at Stall and Dean does not constitute that the jerseys were indeed stolen. There is no police report and there is no record of them being stolen. Is there a insurance claim based on the theft??
This is absolutely illegal and we have clear grounds for recourse in civil courts.
We are still willing to negotiate, but right now the 3rd party does not have any right to my jerseys.
We await your response by 4 pm this afternoon or we will pursue legal action.
Sincerely,
Mark
End of emails
Forum Members- This is where the story stops. My money has not been returned. Mastro has taken it upon themselves to break their own rules and screw the little guy. All I asked for is evidence that the jerseys were indeed stolen and they refuse to show me any evidence whatsoever. Clearly based on the rules of their auctions, the jerseys should be in my possession, but they chose to break their own rules and become judge, jury and executioner and give them back to a fourth party, when rightfully, according to their posted rules the jerseys belong to me.
I am all about getting things right and if these are indeed "stolen" I have no right to these jerseys whatsoever. They need to go to the proper owner. Mastro's actions clearly illustrates that they are trying to cover up, withold or at the least not be transparent in their auctions process and they have clearly broken their own rules.
All I have asked for is proper evidence to indicate the jerseys were stolen and Mastro believes they do not have to provide any evidence and they can arbitrarily give them to a fourth party when the jerseys legally belong to me.
Both my attorneys and I fully disagree with the actions of Mastro Auctions.
Mark Weimerskirch
Maumee, Ohio
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